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Wednesday, 30 Apr 2014

Written Answers Nos. 515-532

Seaweed Harvesting Licences

Questions (516)

Éamon Ó Cuív

Question:

516. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the number of seaweed harvesting licences issued to date; the fees charged for these licences; the duration of these licences; the dates issued; and if he will make a statement on the matter. [19665/14]

View answer

Written answers

According to my Department’s records, 38 foreshore licences to harvest seaweed have issued since the commencement of the Foreshore Act 1933 . The majority of these licences concern the hand harvesting of small amounts of seaweed, which is reflected in the fees charged. Detailed information in relation to the licences is set out in tabular form below :

Commencement date

Expiry date

Annual fee

20/08/1965

31/05/1966

€5.08

06/09/1967

06/06/1968

€5.07

18/07/1968

18/04/1969

€5.07

12/08/1969

12/05/1970

€5.07

11/09/1970

11/06/1971

€5.07

14/06/1973

14/06/1974

€6.34

31/07/1973

01/05/1974

€20.31

01/08/1974

01/05/1975

€6.34

05/04/1995

24/09/1995

€27.93

02/02/1996

02/05/1996

€190.46

19/02/1996

30/04/1996

€2.53

27/04/1997

15/06/1997

€253.94

14/05/1997

31/05/1997

€12.69

01/10/1997

01/04/1998

€126.97

15/01/1998

12/02/1998

€25.39

18/06/1998

18/09/1998

€17.77

01/10/2000

01/10/2001

€63.48

01/11/2001

01/11/2002

€63.48

17/12/2001

17/12/2002

€63.48

28/03/2003

28/03/2004

€64.00

26/06/2003

26/06/2004

€100.00

28/03/2004

28/03/2005

€100.00

28/02/2005

28/02/2006

€127.00

28/03/2005

28/03/2006

€127.00

25/10/2006

25/10/2007

€127.00

16/04/2007

16/04/2008

€127.00

01/08/2007

01/08/2008

€127.00

28/03/2006

28/03/2007

€127.00

28/03/2007

28/03/2008

€127.00

03/06/2009

03/06/2010

€127.00

28/03/2007

28/03/2013

€127.00

01/02/2011

31/01/2016

€127.00

20/12/2010

19/12/2015

€127.00

01/04/2012

01/04/2017

€127.00

01/06/2012

01/06/2022

€1.00*

01/06/2012

31/05/2022

€1.00*

01/01/2014

01/01/2024

€10,500.00 **

01/07/2013

30/06/2018

€127.00

* Licence issued to Cork County Council to remove sea lettuce

** Licence to mechanically harvest Laminaria spp. for commercial purposes

Planning Issues

Questions (517)

Éamon Ó Cuív

Question:

517. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government if quarries that commenced activities before the 1 October 1964 and were subsequently deemed by the appropriate local authority under section 261A of the Planning and Development Act 2000 as amended by the insertion of section 75 of the Planning Development (Amendment) Act 2010 as not requiring an appropriate assessment or environmental impact statement, now require a planning permission; if they do, under what section of what Act is this required; and if he will make a statement on the matter. [19666/14]

View answer

Written answers

A quarry which commenced operation prior to 1 October 1964 and which was deemed by the planning authority under section 261A of the Planning and Development Act 2000 as not requiring an Appropriate Assessment and/or an Environmental Impact Assessment may still require planning permission in circumstances where it had extend ed beyond the area that might reasonably ha ve been anticipated at that time, or if it had subsequently intensified operations such that a change of use was deemed to have taken place.

There are a number of relevant provisions in planning legislation, particularly section 32 of the Planning and Development Act 2000, which set out the requirements in relation to the obtaining of planning permission.

Flood Relief Schemes Funding

Questions (518)

Barry Cowen

Question:

518. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the total funds allocated by his Department for storm and flood damage in the past six months; if he will provide in tabular form on a county basis a breakdown of the funds sought, allocated and paid to local authorities in response to the storm and flood damage which occurred in the past six months; and if he will make a statement on the matter. [19669/14]

View answer

Written answers

The Government decided on 11 February that a sum of up to €70 million will be made available for a programme of repair and remediation works for public infrastructure damaged by the severe weather that affected the country between 13 December 2013 and 6 January 2014. €62m of this will be for local authorities in the areas worst affected. The Government further decided that, in respect of funding repair and restoration works, the additional allocations would be made available to the local authorities via the Votes of my Department, the Department of Transport, Tourism and Sport, the Office of Public Works, and the Department of Agriculture, Food and the Marine.

Local authorities have been informed of their allocations in accordance with the Table under. These allocations are based on the estimates provided by the local authorities. Further detail is provided in a Report on Severe Weather between 13 December 2013 and 6 January 2014 which is available on my Department’s website at http://www.environ.ie/en/PublicationsDocuments/FileDownLoad,36547,en.pdf

In addition to the figures below which deal with repairs and remedial works, applications from local authorities for funding for new or strengthened coastal protection works which were received by my Department have been forwarded to the OPW.

In addition, local authorities have sought funding in respect of damage caused by further severe weather from 27 January to 17 February 2014. These figures are currently being collated and will be published in due course.

Arrangements are in hand for payment to local authorities of funds for works undertaken that are due to be disbursed by my Department. Any enquiries relating to the other funding Departments as identified in the Table below regarding works that are under their specific areas of responsibility should be addressed to the relevant Department.

ALLOCATIONS TO LOCAL AUTHORITIES FOR REPAIRS ARISING

FROM SEVERE WEATHER 13 DECEMBER 2013 to 6 JANUARY 2014

Local Authority

Response, Clean-Up & Immediate Works

Roads Infrastructure

Piers and Harbours

Coastal Protection Repairs

Tourism Infrastructure

Other Facilities

Total

Funding Department

DECLG

DTTS

DAFM

OPW

DAFM/ DECLG

DECLG

Carlow

15,000

16,000

31,000

Cavan

30,192

0

0

0

0

0

30,192

Clare

608,878

2,094,925

273,000

8,276,433

979,200

4,582,079

16,814,515

Cork Co

868,700

873,500

1,450,000

1,057,000

430,500

169,000

4,848,700

Cork Cty

112,500

25,500

0

0

0

23,000

161,000

Donegal

150,000

110,000

258,000

662,000

142,500

207,500

1,530,000

Dublin Cty

80,000

100,000

0

15,000

0

5,500

200,500

DunL/Rath

0

0

0

0

0

0

0

Fingal

5,000

0

0

200,000

0

0

205,000

Galway Co

477,750

2,773,500

1,589,500

1,144,800

1,652,500

2,330,755

9,968,805

Galway City

187,000

44,500

0

105,000

612,875

500,000

1,449,375

Kerry

280,329

575,291

88,600

1,226,920

787,180

22,000

2,980,320

Kildare

0

0

0

0

0

0

0

Kilkenny

0

0

0

0

0

0

0

Laois

1,000

207,500

0

0

0

0

208,500

Leitrim

80,650

245,250

0

0

0

0

325,900

Limerick

72,000

12,500

0

0

0

0

84,500

Longford

15,000

156,000

0

0

0

0

171,000

Louth

64,000

75,000

0

191,000

0

4,675

334,675

Mayo

509,000

1,620,000

382,000

4,205,000

189,900

0

6,905,900

Meath

13,121

2,800

0

75,000

2,500

0

93,421

Monaghan

0

0

0

0

0

0

0

Offaly

0

0

0

0

0

0

0

Roscommon

20,810

0

0

0

0

0

20,810

Sligo

40,400

153,636

40,000

1,200

17,200

0

252,436

Sth Dublin

0

0

0

0

0

0

0

Tipp Nth

0

548,602

0

0

0

0

548,602

Tipp Sth

45,503

677,938

0

0

0

0

723,441

Waterford

200,000

3,878,000

1,200,000

1,150,000

1,050,000

100,000

7,578,000

Westmeath

80,145

0

0

0

0

0

80,145

Wexford

33,500

2,427,000

2,152,000

1,277,000

10,000

0

5,899,500

Wicklow

26,329

0

0

0

0

0

26,329

Totals

4,016,807

16,617,442

7,433,100

19,586,353

5,874,355

7,944,509

61,472,566

Local Authority Housing Mortgages

Questions (519, 520)

Michael McGrath

Question:

519. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government the number of local authority mortgages currently in existence; the total value of local authority mortgages outstanding; the number that are in arrears for more than 90 days; the total amount of arrears on local authority mortgages; and if he will make a statement on the matter. [19674/14]

View answer

Michael McGrath

Question:

520. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government the actions being taken to assist persons who are in arrears with a local authority to put in place a sustainable solution to their arrears; and if he will make a statement on the matter. [19675/14]

View answer

Written answers

I propose to take Questions Nos. 519 and 520 together.

My Department publishes a wide range of housing statistics , including the number and value of local authority mortgages with a breakdown of those in arrears for more than 90 days . The statistics are available on my Department’s website at:http://www.environ.ie/en/Publications/StatisticsandRegularPublications/HousingStatistics/FileDownLoad,15295,en.xls by clicking “Mortgage Data/Arrears in Local Authorities” under the Housing Loans contents.

My Department issued guidelines to local authorities for dealing with mortgage arrears within the local authority sector in August 2012. Dealing with Mortgage Arrears – A Guide for Local Authorities is available on my Department’s website at:http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,30943,en.pdf.

Local Authority Housing Mortgages

Questions (521)

Michael McGrath

Question:

521. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government if local authorities are permitted to require a person who is taking out a local authority mortgage to purchase life assurance through the local authority rather than on the open market; his views on whether this adds an additional unnecessary cost burden on mortgage holders; and if he will make a statement on the matter. [19676/14]

View answer

Written answers

The local authority mortgage protection insurance scheme is overseen by the Mortgage Protection Committee which is a sub-committee of the County and City Managers Association (CCMA) and is representative of the CCMA, local authorities, the Housing Finance Agency and my Department.

One of the conditions of the scheme , which is a group policy, is that it is obligatory for all local authority borrowers who meet the eligibility criteria to join the scheme. Altering this condition would have a negative impact on the scheme and increase the cost for all existing borrowers.

The provision requiring that mortgage protection insurance is held by mortgage holders is contained in the Consumer Credit Act 1995. This legislation is the responsibility of the nister for Jobs, Enterprise and Innovation.

In terms of comparison to other schemes of mortgage protection, it is important to note that it covers disability as well as death and that the disability cover is for the full period of the disability and not just 12 months as is the case in the majority of MPI policies available.

The Mortgage Protection Committee which oversees the scheme endeavours to achieve a balance between the most economic rate to be charged for the scheme and the benefits provided. In negotiating a renewal of the scheme, which came into effect from 1 January 2012, the Committee were able to harness the downward pressure on pricing in the economy and secure an average 19% reduction on the rate which applied to the previous scheme.

Question No. 522 answered with Question No. 440.

Local Authority Housing

Questions (523)

Michael McCarthy

Question:

523. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government the position regarding funding in respect of persons (details supplied) in County Cork; and if he will make a statement on the matter. [19717/14]

View answer

Written answers

Housing authorities are responsible for the assessment of social housing need within their administrative areas and for the compilation of strategies and programmes which optimise the delivery of social housing having regard to the resources available across the full range of measures supported under my Department’s Social Housing Investment Programme.

It is a matter for individual authorities to prioritise the housing projects to be advanced under each of these measures. This year, my Department is providing some € 3.158 million to Cork County Council in respect of their housing construction and acquisitions programme s for 2014.

House Prices

Questions (524)

Terence Flanagan

Question:

524. Deputy Terence Flanagan asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding property prices; and if he will make a statement on the matter. [18573/14]

View answer

Written answers

The position is that the issue of gazumping was examined in detail by the Law Reform Commission in its 1999 "Report on Gazumping" (LRC 59-99). The Commission noted that the delay between the conclusion of negotiations and the payment of a booking deposit and, on the other hand, the making of a formal contract is usually in the purchaser's interest e.g. in order to arrange finance or to ascertain if there are legal difficulties. The Commission did not recommend any legislative changes to deal with this issue.

The issue was also considered by the Auctioneering/Estate Agency Review Group in its 2005 Report to the Minister for Justice, Equality and Law Reform. The Group noted that vendors will always have the right to raise or lower their asking price or to withdraw their property from sale, and for purchasers to reduce their offers or to withdraw from an intended purchase at any time before the contracts are signed by both parties. The Group agreed with the conclusion of the Law Reform Commission that ‘the only practicable reforms are to take steps to inform buyers and, in that way, to protect them’.

With regard to this recommendation, I understand that the Property Services Regulatory Authority in its “Guide for Users of Property Services Providers in Ireland", which is available on its website, explains the legal position relating to gazumping. In Part III of the Guide, the legal position relating to paying deposits and the signing of contracts is explained. In the circumstances, I have no plans to introduce legislation in this area.

UN Conventions

Questions (525)

Mary Mitchell O'Connor

Question:

525. Deputy Mary Mitchell O'Connor asked the Minister for Justice and Equality his plans to ratify the UN Convention for the Rights of People with Disabilities; the progress being made in accelerating this process; and if he will make a statement on the matter. [18885/14]

View answer

Written answers

I refer the Deputy to my written responses of 8 April 2014 and 11 March 2014, and to the response given by my colleague, Minister of State Kathleen Lynch on 27 February 2014, in which she informed the House that the Government intends to proceed to ratification of the Convention as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. As the Deputy may be aware, Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by them, including the amendment of domestic law as necessary.

An interdepartmental committee on the Convention is reviewing the remaining legislative and administrative actions required to enable ratification. As part of its work programme, the committee has identified issues to be considered by various Departments and examination of these issues is ongoing. At the request of the committee, the National Disability Authority, the lead statutory agency for the sector, is also assisting in assessing remaining requirements for ratification to ensure that all outstanding issues will be comprehensively addressed.

For my Department, one of the key requirements is the enactment of capacity legislation. The programme for Government contains a commitment to introduce a Bill in line with the UN Convention on the Rights of Persons with Disabilities. The Assisted Decision-Making (Capacity) Bill, published on 17 July 2013, provides a series of options to support people with impaired capacity to make decisions and exercise their basic rights in line with the principles of the UN Convention. It undertakes a comprehensive reform of existing legislation governing capacity. The Bill will go to Committee Stage shortly. The enactment of this legislation is one of the core elements of the remaining work to be completed to enable ratification by the State of the UN Convention.

Syrian Conflict

Questions (526)

Finian McGrath

Question:

526. Deputy Finian McGrath asked the Minister for Justice and Equality if the Irish Government will accept 100 Syrian war refugees; and if he will make a statement on the matter. [19376/14]

View answer

Written answers

I would point out that the Government has already committed to accept 90 persons displaced by the Syrian conflict under the UNHCR resettlement programme. In addition, in light of the ongoing humanitarian crisis in Syria, I announced last month an immigration based humanitarian admission programme for vulnerable persons affected by this conflict in the region.

Regarding the UNHCR resettlement programme, this will include four serious medical cases whose medical needs cannot be met except through resettlement. In addition, under the national asylum procedure, the vast majority of Syrians who have applied for asylum in Ireland since the outbreak of the conflict in Syria in 2011 and whose applications have since been determined, have been declared to be refugees. A total of 69 such applications have been received in the State in the 3 year period March 2011 to March 2014.

The Syrian Humanitarian Admission Programme (SHAP), which I introduced following an approach by members of the Syrian community in Ireland, will focus on offering temporary Irish residence to vulnerable persons present in Syria, or who have fled from Syria to surrounding countries since the outbreak of the conflict in March 2011, and who have close family members residing in the State.

The Programme allows naturalised Irish citizens of Syrian birth and Syrian nationals already lawfully resident in the State to make an application for vulnerable close family members to join them in Ireland on a temporary basis for up to two years. These are persons who are considered by their sponsoring family member present in Ireland to be most at risk. A sponsor may be a single person or the head of a family unit. Persons admitted under the Programme will be entitled to work, establish a business, or invest in the State.

A key condition of the Programme is that these persons should not become a burden on the State. If these family members cannot find employment the onus will be on the sponsors to support them during their time in Ireland.

The final date for submission of applications under the Programme is today, Wednesday 30 April 2014.

This Programme is an additional initiative in response to the crisis in Syria and is without prejudice to other avenues whereby Syrian nationals might lawfully enter the State, such as family reunification for the family members of of refugees and persons with subsidiary protection, and UNHCR's resettlement programme.

Building Regulations Application

Questions (527)

Tom Fleming

Question:

527. Deputy Tom Fleming asked the Minister for Justice and Equality if his attention has been drawn to the fact that the common areas of some building schemes, for example, apartment blocks built up to 20 years ago, have not legally been handed over by developers to management companies controlled by the purchasers of individual units, which is in breach of the 2011 Multi-Unit Development Act; if more cogent legal sanctions are necessary to compel developers to comply with legislation as the Act has obviously been ineffective and appears to have had little effect; and if he will make a statement on the matter. [19446/14]

View answer

Written answers

The primary purpose of the Multi-Unit Developments Act 2011 is to reform the law relating to the ownership and management of common areas of multi-unit developments and to facilitate the fair, efficient and effective management of owners' management companies (OMCs) which are the bodies established for the management of such areas.

Section 5 of the Act contains provisions which deal with completed or substantially completed multi-unit developments in which the common areas have not been transferred to the OMCs. They oblige the developer to transfer ownership of the relevant parts of the common areas to the relevant OMC within 6 months of the coming into operation of the section, i.e. before 1 October 2011. Subsection (2) defines “substantially completed” as developments in which sales of not less than 80% of the residential units have been closed.

Section 24 of the Act deals with the resolution of disputes and it provides that a person may apply to court for an order to enforce any right conferred or obligation imposed by the Act. The court, if satisfied that a right has been infringed or an obligation has not been discharged, may make such remedial order, including an order to transfer the common areas of a development from the developer to the OMC, as it deems appropriate in the circumstances with a view to ensuring the effective enforcement of the right or the effective discharge of the obligation in respect of the development concerned.

I have no immediate plans to introduce further legislation in this area. Operation of the existing law is, however, being kept under review by my Department.

Refugee Appeals Tribunal Decisions

Questions (528)

Mick Wallace

Question:

528. Deputy Mick Wallace asked the Minister for Justice and Equality the method and criteria used in the appointment, not initial selection, of members to the Refugee Appeals Tribunal in November 2013 and March 2014; if he will consider introducing a legislative requirement in the long-awaited IRP Bill that such appointments must be made through open competition along with a legislative requirement that members possess an expertise in refugee law; and if he will consider publishing statistics relating to each RAT member’s decisions in order to ensure a broad consistency, particularly in relation to credibility issues, reasonableness, use of country-of-origin information and the standard-burden of proof required. [19466/14]

View answer

Written answers

The Deputy may be aware that section 2(a) of the Second Schedule to the Refugee Act, 1996 (as amended) provides that members of the Refugee Appeals Tribunal shall be appointed by the Minister. In December 2012 I decided that arrangements should be made with the Public Appointments Service (PAS) to advertise for members of the Refugee Appeals Tribunal with a view to establishing a panel of potential appointees from which I could appoint members to the Tribunal as the need arises.

In cooperation with the PAS my Department through public advertisement and relevant websites invited expressions of interest in April 2013 from suitably qualified barristers and solicitors to serve as a Tribunal member. The essential qualification requirements were that candidates have at least 5 years experience as a practising barrister or solicitor and a satisfactory knowledge and experience of national, EU, and international asylum and human rights law and practice.

A Selection Committee was established to assess the applications and to identify potential appointees. Upon completion of the Committee's work I was presented with the names of persons in no particular order, deemed by the Selection Committee to be qualified for appointment to the Tribunal. To date, ten persons have been appointed as Tribunal members. The Deputy will be interested to know that I expect to appoint further Tribunal members in the near future.

The Deputy will appreciate that the selection process I have introduced ensures that members are appointed following an open selection process and that they possess the requisite expertise to adequately perform the functions of a Tribunal member. I am advised that following on from the appointment of new Tribunal members and the expansion of the Tribunal's remit to the area of subsidiary protection under the European Union (Subsidiary Protection) Regulations 2013, which I signed into law in November 2013, a comprehensive training programme has been undertaken by the Tribunal, to ensure that the new members are fully equipped to discharge their duties to the highest professional standards. I am informed that as part of this training programme, the Tribunal has been working closely with the UNHCR in developing a new decision template designed to enhance the robustness of the process and to assist Members in their difficult task.

As the Refugee Appeals Tribunal is a statutorily independent body, the issue of the publication of statistical information in relation to issues like those referred to by the Deputy including Tribunal decisions are a matter for the Tribunal. The management of the Tribunal is the responsibility of the Chairperson who under the Refugee Act, 1996 (as amended) is required “to ensure that the business of the Tribunal is managed efficiently and that the business assigned to each division is disposed of as expeditiously as may be consistent with fairness and natural justice ”.

The Deputy may be aware that in August, 2013 a new Chairperson of the Refugee Appeals Tribunal was appointed following a selection process run in conjunction with the Public Appointments Service. Since taking up his position, I understand that the Chairperson has begun a major review of Tribunal practices, procedures and guidelines.

In his recently published strategy statement for 2014 - 2017 the Chairperson commits the Tribunal “to consider and decide refugee, subsidiary protection and Dublin Regulation appeals to the highest professional standards.” He has also committed to an ambitious reform programme to achieve the Tribunal’s strategic goals and to undertaking a review of Tribunal policy on public access to Tribunal documents, including the Tribunal’s database of previous decisions.

With regard to the Deputy's question concerning future arrangements in this area under the Immigration, Residence and Protection Bill, which I intend to publish later in the year, I can say that it is my intention to make specific provision in the legislation for appointments to the new Tribunal to be made following on from a Public Appointments Service process.

Immigrant Investor Programme Data

Questions (529, 530)

Niall Collins

Question:

529. Deputy Niall Collins asked the Minister for Justice and Equality the total number of applicants under the immigrant investor scheme; the total number accepted to date; and if he will make a statement on the matter. [18529/14]

View answer

Niall Collins

Question:

530. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide a country breakdown of the citizenship of successful applicants to the immigrant investor scheme; and if he will make a statement on the matter. [18530/14]

View answer

Written answers

I propose to take Questions Nos. 529 and 530 together.

To date, twenty four applications for the Immigrant Investor Programme have been received by the Department of Justice and Equality. Twenty one of those applications have been approved and there are currently three applications are under consideration. The successful applicants represent a broad geographical range of nationalities from Asia, Africa, Eurasia, the Middle East, Australasia and North America.

Freedom of Information Requests

Questions (531)

Eamonn Maloney

Question:

531. Deputy Eamonn Maloney asked the Minister for Justice and Equality the number of freedom of information requests received by his Department between 1 January 2013 and 11 April 2014; the number of these requests that relate to the Government’s plan for the standardised packaging of tobacco; the number of these requests related to other tobacco policies; the number of these requests from tobacco manufacturers or agents on behalf of tobacco manufacturers; and if he will make a statement on the matter. [18563/14]

View answer

Written answers

I wish to inform the Deputy that between 1 January 2013 and 11 April 2014 my Department received a total of 853 requests for records under the Freedom of Information Act 1997, as amended.

None of these requests refer to the Government’s plan for the standardised packaging of tobacco. There have been no requests in relation to other tobacco policies. Neither have there been any requests from tobacco manufacturers or agents on behalf of tobacco manufacturers.

My Department received a single request seeking records of communications to/ from the tobacco industry and its agents or reps. However this request did not come from the tobacco industry.

Asylum Applications

Questions (532)

Bernard Durkan

Question:

532. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when a person (details supplied) in County Cork will be called for interview in respect of their application for asylum; and if he will make a statement on the matter. [18574/14]

View answer

Written answers

As the Deputy will be aware, if the person concerned has made an application for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they are in the protection process.

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